##PAGE1##

IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI

BEFORE : Hon’ble Justice R. SUBBIAH PRESIDENT

F.A.NO.1274/2025

(Against order in CC.NO.91/2025 on the file of the DCDRC, Chengalpattu)

DATED THIS THE 24^th DAY OF DECEMBER 2025

1. Muthoot Finance Ltd.,

Branch Manager

2^nd Floor, Flat No.10 & 11

100 Feet Road, Rathinapuri

Koyambedu, Chennai-600 107

2. Muthoot Finance Ltd.,

Branch Manager

No.96B, Ground Floor M/s. J. Thomas Edwin Fantin

GST Road, Anna Nagar Counsel for

Chengalpattu- 603 001 Appellants / 1^st & 2^nd Opposite parties

Vs.

1. A. Natchiyappan

S/o. Arumugam

2. Anusiya

W/o. A.Nachiyappan

3. Annakili

W/o. Arumugam

R1 to R3 are residing at

No.195, Errikarai, Vengambakkam

Ponthandalam, Chengalpattu District

4. Solukchana

D/o. Arumugam

No.27, ECR Road, Perur

Vada Nemmeli, Perur Post Served and called absent

Chengalpattu District-603 104 Respondents/ Complainants

The Respondents as complainants filed a complaint before the District

Commission against the opposite parties praying for certain direction. The

District Commission has allowed the complaint as against the opposite parties.

Against the said exparte order, this appeal is preferred by the opposite parties

2

praying to set aside the order of the District Commission dt.22.9.2025 in

CC.No.91/2025.

This appeal is coming before me for hearing finally today. Upon hearing

the arguments of the counsel appearing for appellant and upon perusing the

documents, lower court records, and the order passed by the District

Commission, this commission made the following order in the open court:

ORDER

JUSTICE R. SUBBIAH , PRESIDENT (Open court)

1. The opposite parties before the District Commission are the appellants

herein.

2. The parties shall be referred as per the ranking before the District

Commission in the original complaint.

3. The case of the complainant before the District Commission is that the

complainant had approached the 2^nd opposite party, for availing loan of

Rs.10,00,000/- to complete the incomplete construction of his house. But inspite

of receiving the processing fees and other charges, the opposite parties had

sanctioned a sum of Rs.4,81,060/- only that too after making the complainant

to run from pillar to post. But in the registers the opposite party had shown as

if they have sanctioned a sum of Rs.10,43,568/- and had fixed the EMI @

Rs.14,494/- for 72 months. Therefore, alleging deficiency in service on the part

of the opposite parties, the complainant had filed a complaint before the District

Commission, praying for a direction to the opposite parties to pay a sum of

Rs.4,00,000/- towards compensation, and to pay a sum of Rs.5,62,508/-

towards difference amount of loan sanctioned.

3

4. The Appellants/1 & 2 opposite parties, inspite of service of notice, failed

to appear before the District Commission, hence an exparte order was passed

in favour of the Respondent/ complainant, by holding that there is deficiency in

service on the part of the opposite parties and had directed the opposite parties

jointly and severally to pay a sum of Rs.5,00,000/- towards compensation for

deficiency in service alongwith cost of Rs.10,000/-. Aggrieved over the order

impugned, the opposite parties have filed the present appeal, praying to set

aside the order passed, and remand back the matter for fresh disposal.

5. Inspite of service of notice, the Respondents/ complainants failed to

appear before this commission. I have heard the learned counsel appearing for

appellants, and perused the material documents submitted before me for

consideration.

6. The learned counsel for the appellants/ opposite parties had submitted

before this commission that the terms and conditions were clearly

communicated to the complainants through the sanction letter. The payments

made towards processing and documentation were standard and necessary.

The repayment of Rs.10,43,568/- includes principal, interest and applicable

charges over the agreed tenure, which was clearly mentioned in the loan

agreement and offer letter. There is no deficiency